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Minutes 06-06-89MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA TUESDAY, JUNE 6, 1989 AT 6:00 P.M. pRESENT Gene Moore, Mayor Robert Olenik, Jr., Vice Mayor Ezell Hester, Jr., Commissioner Peter L. Cheney, City Manager Betty Boroni, City Clerk Raymond A. Rea, City Attorney Mayor Moore called the meeting to order at 6:00 P.M. The Invocation was given by Reverend Norman Halliday, followed bY the Pledge of Allegiance to the Flag led by City Manager, Peter Cheney. AGENDA APPROVAL ~ity Manager Cheney wished to add an item under IV. BIDS: Approval of Bids for Beach Decals. Under XI. ADMINISTRATIVE, Br. Cheney wished to add 1) Discussion relative to erecting a Children Playing Sign and 2) Recommendation relative to Fire Chief. Mayor Moore wished to add under X. NEW BUSINESS, Joe's Drive-In, Carmela Brusco. Also under VIII. D. LEGAL, Consider 87-9B, Ordinance regarding Landlord and Tenant. Commissioner Hester moved to approve the Agenda as amended. Motion was seconded by Vice Mayor Olenik and carried 3-0. ANNOUNCEMENTS Mayor Moore announced that Commissioner Wische had been ~ospitalized and surgery had taken place. He is recovering nicely and should be home from the hospital in approximately a week to ten days. Commissioner weiner is absent from tonight's meeting due to the fact that she is undergoing examinations in New York. 1. Mayor Moore announced that the first meeting in July Will be Wednesday, July 5th, due to Tuesday, July 4th being a holiday. 2. City Hall will be closed Tuesday, July 4th in observance )f Independence Day. 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 3. Proclamations a) Starting Place Day - June 23, 1989 Friday, June 23, 1989 has been declared Starting Place Day in the City of Boynton Beach. All citizens are encouraged ~o participate in our goal of a drug-free City and a drug- free America. ~) Flag Day - June 14, 1989 Wednesday, June 14, 1989 has been declared Flag Day in ~oynton Beach. Ail citizens are invited to join together in ~aying The Pledge of Allegiance to the Flag at 7:00 P.M. 4. Beautification Awards ~ayor Moore remarked that a Beautification Award was being issued to the new Ramada Inn and John Sheppard to express ~he City's gratitude at the exemplary beautification and ~aintenance of the property located at 1935 S. Federal Hwy. A Beautification Award was being issued to Drs. Bill Glass ~nd Januariusz Styperek, whose new offices are located at 2314 S. Seacrest Blvd. Virginia Rankor, who recently opened ~ new business named virginia's Wholesale Silk Florals at 1499 S.W. 30th Ave. also has received a Beautification AWard. CITY MANAGER'S REPORT City Manager Cheney reported that the City anticipates ~oving from Prime Bank Plaza everything except the Commission meeting area, on Saturday, June 17, 1989. City Hall will close at noon on Friday, June 16, 1989 and open up ~or business at the new facility on Monday morning. The second Commission meeting in June will still be held at prime Bank Plaza. The location of the first meeting in July 5as not been determined yet. ~r. Cheney stated that we now have the initial property assessments for the coming year from the County Property Appraiser's Office. They are significantly increased. At Chis point we do not know how much of that increase in assessment is new property and how much is reassessment. We will not know this until July 1. ~ayor Moore remarked that he had read in the newspapers that there was an approximate 38% increase and this was the highest in the County. He hoped and believed that this was go~n$ to be attributable to the new construction rather than ~a~s~ng our millage. 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 Mr. Cheney stated that hopefully this is the year that we finally have peaked on programs and costs and debt service on bonds and so forth and development will keep up with it. A written monthly Demolition Schedule had been prepared for the Commission by the City Manager. Mr. Cheney remarked that there are some more demolitions pending before the County. They are out for bid by the contractor. A ~raft of the construction was provided the Commission. The builder is currently behind. IX. OLD BUSINESS B. Consider request from Lennar Homes to release ~ Certificates of Occupancy in Boynton Lakes ~ large number of people in the audience were present in ~onnection with this topic. 'Mayor Moore had received a request to move this item forward in the meeting. The Commissioners were agreeable. ~r. Chuck DeSanti with Lennar Corp., addressed the Commission. He represented the Boynton Lakes joint venture ~hich is the developer for the project known as Boynton Lakes P.U.D. Mr. Sherman Cronick, Division President for Lennar Homes, Palm Beach Division, was also present. 4r. Cronick is responsible for the construction on the ~pproximately 157 homes and lots that were previously owned ~y Lennar Homes. About 120 homes have been sold now and qr. Cronick will speak relative to the request for the 'release of Certificates of Occupancy. qr. DeSanti stated that in about April of 1988 there were no 2ertificates of Occupancy being issued. There were probably ~bout 85 homes owned by Lennar Corp. and about 50 homes still owned by Southeast Development. About 25 were owned ~y Brenchell Construction and HMS Investments, Inc. owned .~he townhouse lots which have not broken ground yet. ~fter working with Mr. Cheney's office, the developer and the 9uilders (Southeast Development, Brenchell, HMS and ~ennar Homes) sat down with the developer interests in ~he City Manager's office and came to an agreement for the installation of a comprehensive irrigation system that was lacking in the project since 1985 or 1986. Subsequent to ~hat, in about late June or early July, the developer went Defore the Community Appearance Board with a set of ~onstruction plans for the irrigation. The system was ~pproved for construction. In late August, 1988, the MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 Building Dept. issued three building permits for the installation of the irrigation system. At that time the City Manager's office had been prudently releasing C.O.s but was still holding C.O.s back. Mr. DeSanti said this was in the form of good faith and a collateral that the developer would continue to fulfill his obligation regarding the irri- gation and the installation of sodding and the tree program. ~r. DeSanti referred to a large map and showed the Commission where the project stands with regard to the irri- gation system, sod and tree installation. He referred to a northern area on the map, near Hypoluxo Rd. and stated that %t was a 103 zero lot line section and that Ryland Homes Corp. has acquired Sections lA and lB. They have an option on Sections 2A and 2B. This has recently been approved for a ~eplat for reducing the density from 72 to 57 for this to be a total zero lot line development of 57 lots. The project ~lso included a 41 townhouse lot system. It is presently Vacant and not under construction. ~rom the standpoint of the comprehensive irrigation system, Mr. DeSanti remarked that it was in fact permitted to ~nclude the townhouse area and the Ryland Homes before they C.O. their irrigation system, as their model area will prove. They have just recently completed the irrigation for them. They will be installing their sodding and trees and then they will come in for their C.O.s in this particular area. Mr. DeSanti referred to an area on the map where the ~roblem exists that was originally defined on about May 10, 1989. He referred to an area along E. Chesterfield which is the bouthern limit of the City park and runs to the right-of-way ~ine. The irrigation plans are presently being adjusted. ~r. DeSanti stated that they do not formally have the obli- gation to sod that particular area but he thought in all airness that an appropriate 20 ft. swath along that right- be ~f-way should sodded and irrigated. They will do that ~ppropriately. On the morning of Juna 6, 1989, an informal "walk through" ~ad taken place with a representative of the Building Dept. Each sprinkler zone was turned on so that they could see ~hat the irrigation system was located appropriately. Mr. DeSanti stated that he had just received a bill for about 360,000 sq. ft. of sod that had been installed to ~ate. He will pay that bill when they walk through and do the normal checking to locate areas where sod may have died. 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 They will replace sod in those areas. He referred to areas on the map which show trees that have been planted per the Community Appearance Board's approved plans. In addition to those installed prior to this most recent sodding and tree installation program began, they had recently installed 191 additional trees pursuant to that plan. He believed that they were in pretty good shape regarding the locations and the kinds of vegetation required by the Community Appearance Board. He was not saying they were 100% complete yet. He referred to the cul-de-sacs which were an area of concern. Because they were placing this irrigation system in after the development was underway, certain easements were required at certain locations from residents, to Complete the irrigation of the cul-de-sac areas only. Mr. DeSanti noted that they had started in Plats 3A and 3B, Which are south of the canal, but nonetheless, still involved in some remaining bonds and they are now working ~ith the Utility and Engineering Depts. to do the final Walk-throughs and punch lists to bring the water, sewer, aving and drainage up to where it should be. Today a walk- hrough took place and a punch list was given in Plat 5 with ~he Utility Dept. In Plat 5 there were two items checked Which will be worked on this week. In Plat 4 and Plat 6 they are scheduling the walk-throughs with the Utility Dept. for either late this week or early next week. Once they get all three plats completed from the standpoint of Water and sewer, the Utility Dept. will then call the ~ngineering Dept. in for paving and drainage. Mr. DeSanti Doted that they have thus far replaced probably 75 or 80 gracked collars on the drainage system. Unfortunately with heavy trucks driving through the project, collars get damaged. They have chosen to wait until the irrigation is ~ompletely down and the trucks are out of the way, then they an adjust the 10 or 11 collars that need to be adjusted and hatever else needs to be worked on relative to the drainage ~nd the paving. Relative to paving, in Plats 4, 5 and 6 about 500 sq. yards Of paving patch have been placed so far. The Engineering ept. has not yet been called in for their preliminary walk- hrough or their final. This will take place after the Water and sewer is complete, which is probably about ten ~ays away. Ur. DeSanti stated that the reason he brought all this up was because Boynton Lakes as a project is not just sod, irriga- tion and tree installation. It is all of the infrastructure MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 improvements, much of which, as he just discussed, paving, drainage, water and sewer, are bonded improvements and the City does have bonds for these. The aesthetics are also important, such as irrigation, sodding and tree installa- tion. Mr. DeSanti next addressed the cul-de-sacs and stated that ~s of today, four cul-de-sacs have been irrigated and are Watered. There is a total of 24 cul-de-sacs in the project. Approximately 5 or 6 of the cul-de-sacs have direct common ~rea access and require no easements. Based on the irriga- tion plan that was submitted back in July and approved, it talled for specific lots to have the irrigation line drawn brough that lot. Mr. DeSanti has since been talking with ~he City Manager's office and they have given him the "go ~head" to do that, wherever it is appropriate and if he has ~egal access to get to that common area. This is so that Ghey can be assured that all of the common areas will be Qompleted. There are approximately 6 out-of-state residents Ghat own lots that were originally involved in the set of ~ans which called for a specific location of easement. So ~lnce that time, they have gone back to the plats and found ~hat literally every cul-de-sac that had not been circled on ~he map he was referring to, they have access through either a drainage easement, a utility easement or a common area direct access to the paving, so they would not require easements. They've gotten it down to now a total of 6 cul- de-sacs that require easements from private property owners. ~r. DeSanti had been in touch with Lynn Madson and provided ~er with a list of the original 15 or 16 easements that he ad sent out either by certified mail or by courier to the ndividual homeowners. He now has it down to slx and he ill be working with the residents to set up a meeting for ext week to have those final six easements executed. Mr. DeSanti referred to the map and reiterated that four are ~rrigated and they have access to all the others that are dot circled. They have a machine now that will not require Ghat they cut any roads to get through to the cul-de-sacs. ~hey will be boring under the roads so that there will be no asphalt cuts. Aerial photographs were made available to ~he Commission. Mr. Sherman Cronick, President of the Palm Beach Division of Housing for the Lennar Corp. next addressed the Commission. He stated that they presently have 19 homes completed and Sold for which they are now asking for final C.O.s. Of ~hose 19, they are asking for 4 or 5 hardship cases. These people have sold their homes and their furniture is in 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 storage. They really had planned to be in their homes by May. They have 21 additional permits of which they have not Started construction. Of these 21 permits, ten homes are ~old. Besides these 21 permits, there are 13 additional lots on which they have not started any construction of · hich two are sold. If they eliminated 4 or 5 homes from ~hat inventory, they would have in revenue, over three and ~ne-half million dollars. This would be a lot of collateral For the Building Dept. to have to make sure Lennar finishes ~heir work properly and timely. qr. Cronick stated that he had been working with the ad hoc ~ommittee and fully realizes that their problems go beyond ~he questions tonight about irrigation and sod. He knows ~here are many other problems. He is attempting to address '~hese problems with the ad hoc committee. He proposes to do ~alk-throughs with this committee and to listen to their ~omplaints and hopefully make the entire community a better place to live. Mr. Cronick stated that he hoped by next ~eek he would be able to start addressing all of the other ~arious problems so that the committee can report back to the homeowners and see the intent of what Lennar wants to do to finish up this community. The specific nature of Mr. Cronick's request is that there e a release of the 4 - 5 C.O.s for these people that are eady to move in. ~r. Cheney reported that an Inspector from the Building Dept. had been at the project checking to see if the irriga- tion system was working. A lot of progress has been made. There are about seven of those pending houses that appear to be 100% complete and could ask for C.O.s. The other 14 are about 90% complete and are not ready for the C.O.s. The City has no problem with giving C.O.s to the seven units that are 100% complete. They still have a lot in reserve. ~he big concern is, will the developer be able to handle the ~ul-de-sac problem, because he has to get in some cases, easements from properties he has already sold? It appears ~hat this problem is coming along much faster than expected, ecause the developer has found some other ways to get to hose cul-de-sacs. The City was prepared to offer seven C.O.s. If he only wants five, that's okay too. Mr. Cheney ~elt that the developer had made significant progress ~ecently at getting the work done in the irrigation and ~andscape areas. Mr. Cheney did not know what the list of complaints to Mr. Cronick included but he suspected that they were MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 complaints between home buyers and a home builder and were not complaints of a nature that the City would get involved in. If they were, the City wants to know about it. He did not think that they were Code violation problems that the City would have to enforce. He suspected that these problems were related to quality of work on the homes, but he didn't know. Mayor Moore asked if staff agreed with their statement that there was enough security there through bondings or other properties that would ensure that if we ever had to do the work we would be covered? Mr. Cheney answered that there was not bonding for a lot of the landscaping because a lot 6f the landscaping is on private property. But there is enough security in the number of houses yet that have not keen C.O.ed. The only handle that we have to force them to do things is to hold up their sales potential of those Units. Lynn Madson~ Chairman of the ad hoc Committee in Boynton Lakes North, stated that the Committee consists of five people representing over 300 families. They have formed a Voting block of Boynton Lakes South, Dos Lagos and Sandalwood, so that they would finally be heard by the City. They feel their property has been mishandled and mismanaged by the City for some time. They are asking that the City Withhold the C.O.s that are being petitioned for release ~ow. If this is a hardship situation, let those people who ~ave the hardships upon them come forward and speak for themselves. Ms. Madson provided photographs recently taken, ~f the sod that the Building Dept considers acceptable. She felt the photos spoke for themselves. The sod was put down Without the property being graded, laid over rocks and pipes and according to the developer's own irrigation person, ?This is the worst Lennar Community I've ever seen." He aid that he as an irrigation expert is having difficulty orking behind the sod people, rather than in front of them as it should be. She stated that their Maintenance and Engineering Committee took a random sampling of three pages of the irrigation plan ~ubmitted to the City and found a list of 12 irregulari- ties such as missing valves, broken valves, areas where ~here should have been sprinkler heads and where there 9ren t any, sod put over individual homeowners' lots and ~ver their sprinkler systems and sod put over the brand new ~prinkler system that was just put in. She didn't see how this could have passed this afternoon. 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 Ms. Madson stated that they had not gotten any help from the City Manager. They had brought forward to his department irregularities in the Building Dept. Three out of the five homes on her block had work done without permits. This was brought forward to the City and she stated it "was pushed under the carpet." She asked how the City could accept plans for a community of 533 homes with one swimming pool, holding 39 people? There's no Clubhouse, tennis or racquet- ball courts, no amenities as were advertised. She stated, ii wonder if this has anything to do with the eyesore of the !2-acre City park that we have in the middle of our Community." She felt that this mishandling and mismanage- ment of their city must stop. She hoped that the City would respond. Vice Mayor Olenik inquired of staff whether all of the trees per the plans had been installed? Mr. Cheney answered that they had not inventoried all the trees to see if all the trees were in. There was a comment from a person in the audience that, "They're not." The Vice Mayor asked relative to the patch paving that was mentioned previously, if the grade of the paving on the road surface was flush with manholes and other utilities that are in the development? He had been told that there was another layer of asphalt that has never been put on. Mr. Cheney responded that they were not looking at asphalt today, and that was the kind of final inspection which Engineering would take care of and would come prior to the request to reduce bonds. He could ~ot answer the question at this point. Vice Mayor Olenik ~oted that the comments Mr. Cronick had made were about patching up bad asphalt and he hadn't said anything about a ~ew final topping. Mr. Cronick injected that he had not ~ddressed asphalt at all. Mr. Cheney asked, "Chuck, is it a requirement for another surface on all those streets or ~ot?" Mr. DeSanti responded negatively and added that when ~he final inspection from the Engineering Dept. takes place ~or drainage and paving, if there are manhole collars that ~eed to be lowered to make sure that it is level with the surface or if there are areas where the Engineering Dept. ~eels like a lift of asphalt would be appropriate they will ~ell them at that time. Mr. DeSanti stated that the point to ~oing in and patching was really an effort to show that they ~re willing to bring this community back "up to snuff" before they would be turned over to the City in terms of ~ccepting those roads, paving, drainage, water and sewer. That was the motive behind that. Mr. Cronick added that that morning when he met on the com- mittee site, he was told that the department had made an MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 inspection of the roads yesterday and they only had three small items on the entire list. He didn't know what the items were. Vice Mayor Olenik remarked that that was a bonded issue and the City could retain the bonds if they weren't satisfied. Vice Mayor Olenik stated that he became involved in the ~oynton Lakes issue back in 1987, when he was on the Community Appearance Board. He wasn't around when the proj- ect was passed somehow with the irrigation program not in the project. That is "water under the bridge." It's been almost two years now since he got involved and although ~taff has seen significant progress recently, two years to get there was not significant progress by his definition. Because the City cannot bond a lot of the landscaping, he Was very concerned with the cul-de-sac area where only four Out of the 19 are irrigated. A person in the audience com- mented that they aren't landscaped either. Because of his perception of the track record of Lennar Homes over the two years that he has been aware of the situation and what he thinks was the "foot dragging" on the part of the developer ~egardless of which developer it was, he felt it was the !'major" developer's responsibility to make sure that the Other developers are complying to your regulations. He was not willing to allow any C.O.s to be issued until 24 of the 24 cul-de-sacs show signs that they are complete to the ~tandards of the ad hoc committee. Vice Mayor Olenik stated that it was the developer's responsibility to get the ease- Bents. If the City starts giving C.O.s, he felt the developer might lose some of his drive to get easements from those !esidents. An unidentified gentleman in the audience commented that ~hey were drainage easements only. He works for the City of elray Beach in the Engineering Dept. He stated that if hose people are approached and told that they will be 10 or 6 ft. wide drainage easements only and for no other utili- ties and if those people know the easements are required 6nly for drainage, they should have no problem. He stated ~hat you could stipulate on the amended plat that that was what you were doing. Commissioner Hester referred to the problem of there being 9ne swimming pool for so many families. He felt there was a lack of communication somewhere along the line between the ~ity and the developer. He agreed that the project needed to be brought "up to par" so that it would be something ~esidents could be proud of. 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 Mayor Moore felt the situation was appalling. He was not in favor of granting any relief to the developer at this time. ~e was concerned at the remarks of Ms. Madsen castigating the City for in effect "turning it's head." He cannot Understand how this could have happened. He stated the ~eveloper has an obligation not only to the City but also to the people that live in the development. The subdivision is ~ractically built-out and yet there are still basic things hat should have been completed before the project ever got this far. The residents have an abiding fear that as they ~et closer to the end of the project, if the developer hasn't done what he's supposed to do, someday they'll wake ~p and it will be too late. Vice Mayor Olenik moved to deny the request from Lennar ~omes to release Certificates of Occupancy in Boynton Lakes North. Commissioner Hester seconded the motion. Mayor Moore remarked that the developer basically has the ~key to his own jail cell." The Mayor stated that he needed to take care of these problems in an acceptable manner. Vice Mayor Olenik remarked that if there were any of the future residents in attendance, who are trying to move in, he sympathized with their situation but unfortunately they had become the pawns and it was incumbent upon them to make sure Lennar keeps their end of the deal and also gives the Community what it deserves. Mayor Moore called for a vote on the motion that was on the floor to deny the request of Lennar Homes to release Certificates of Occupancy in Boynton Lakes North. All three Commissioners voted to deny the request. Firefi~hter Olympics ~ice Mayor Olenik remarked that some of Boynton Beach's Fire- ~ighters had competed over the past few months in the State of Florida Firefighter Olympics. The City of Boynton Beach's Fire Dept. took first place overall for the State in departments under 100 in size. This is the second year in a row that Boynton Beach has won the overall championship. ~hey came in second place several years before that. Two participating firefighters presented a large trophy that had been won and were hopeful that it could be exhibited in the new City Hall. 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 CONSENT AGENDA A. Minutes 1. Special City Commission Meeting Minutes of May 8, 1989 2. Regular City Commission Meeting Minutes of May 16, 1989 3. Special City Commission Meeting Minutes of May 26, 1989 Bids - Recommend Approval - Ail expenditures are approved in the 1988-89 Adopted Budget 1. Welding System The Tabulation Committee recommends awarding the bid to Findley Welding Supply, Pompano Beach, Florida in the amount Of $1,678.00. 2. Automotive Surplus Sale he Tabulation Committee recommends awarding the bid to the ighest bidders on each vehicle for a total amount of 9,992.49. 3. One (1) Diesel Powered 46,000 pound GVWR 6 x 6 Wheel Drive Cab and Chassis, Class 8 Vehicle ~he Tabulation Committee recommends awarding the bid to the lowest and best bidder, Mack Truck, in Riviera Beach, ~lorida in the amount of $63,915.00. 4. WXEL Sanitary Pumping Station and Gravity/Force Mains The Tabulation Committee recommends awarding the bid to ~.O.B. Underground, West Palm Beach, Florida in the amount 6f $129,450.00. C. Resolutions Proposed Resolution No. 89-Y Re: Urging Neighboring Communities in Palm Beach County to work together to provide a gathering place and related services for area youth A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, URGING NEIGHBORING COMMUNITIES IN PALM BEACH COUNTY TO WORK TOGETHER TO PROVIDE A GATHERING PLACE AND RELATED SERVICES FOR AREA YOUTH 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 Proposed Resolution No. 89-Z Re: Bond Reduction for Windward PUD, Phase I (East of Military Trail, West of Lawrence Road, North of Jamaica Bay, Inc.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE REDUCTION OF SURETY FOR WATER AND SEWER IMPROVEMENTS FOR WINDWARD P.U.D., PHASE I Proposed Resolution No. 89-AA Re: Reduction of Performance Bonds for Wellesley at Boynton Beach (Located north of 22nd Avenue, west of Congress Avenue) A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE PERFORMANCE BONDS FOR WELLESLEY AT BOYNTON BEACh, A REPLAT OF TRACT "N" OF THE MEADOWS 300 IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST. Development Plans ~one. E. Consider approval of authorization to dispose of records City Clerk's Office ~isposal authorization from the State of Florida, Division )f Archives has been received relative to the erasing and ~eusage of sound recording tapes listed on the Records )estruction Request No. 174, submitted on April 27, 1989. Consider approval of one year extension of Annual Vehicle Towing Service Contract with Zuccala's Wrecker Service Documentation from Zuccala's Wrecking & Towing Service, the Pollce Dept., the Building Dept. and Public Works indicates Ihatall parties are satisfied with present arrangement s and he City does not find a need to re-bid this year. W~lliam Sullivan~ Purchasing Director, concurs with the recommen- dation from the mentioned departments to extend the bid for ~ne year. 9. Consider approval of Change Order ~2 - Child Care Center Bill Debeck, Project Manager and George Hunt, Assistant City ~anager, recommended approval of Change Order 92, as per Mr. ebeck's May 10, 1989 memorandum. 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 H. Consider approval of zgnin~ for alcoholic beverage license Gateway Discount Drug 706 W. Boynton Beach Boulevard Boynton Beach, Florida The Assistant City Manager noted the above location complies with zoning requirements for the sale of alcoholic beverages. Consider approval for request for refund - Cemetery Lots 187A and B, Block O, Boynton Beach Memorial Park Addition #1 r. George Junnier has requested a refund in the amount of 360.00 which is the purchase price less 20% on Lots 187A ~nd B, Block O, Boynton Beach Memorial Park, Addition 91. j. Consider approval for request to transfer Cemetery Lot 10A, Block N, Bo~nton Beach Memorial Park Addition ~1 Frieda M. Petze has requested approval to transfer ownership ~f Lot 10A, Block N, Boynton Beach Memorial Park, Addition ~1 to St. Marks Catholic Church, Boynton Beach, Florida. Consider approval for request to transfer Cemetery Lots 212, 213, 214 and 215, Block M, Boynton Beach Memorial Park Florence Shelhamer has requested approval to transfer ~wnership of Lots 212, 213, 214 and 215, Block M, Boynton ~each Memorial Park to Warren Shelhamer. Consider approval for emergency repair - Burnt Motor 92 - Lift Station #317 (Boynton Beach Boulevard and Congress Avenue) The Utilities Dept., Utilities Mechanics Division has ~equested approval of payment for an emergency repair on ~otor #2 at Lift Station #317. The repair will cost $2,200.00. ~. Consider approval to purchase Headsets for Communications - Call One, Inc. ~anagement Services/Communications Division has requested ~uthorization to purchase 15 new headsets for the ~ommunications Dispatchers. Total package cost is 2,209.80. 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 N. Consider approval to purchase replacement equipment - Clarifier - Turbine Drive The Utilities Dept./Water Plant Division has requested authorization to purchase replacement equipment - Main gear and Pinyon for the Turbine Drive System. Total cost is $57,334.00 plus shipping charges. Consider approval of Amendment to Agreement - Post, Buckleyf Schuh & Jernigan Engineering Services in connection with 3MG Storage Tank ~r. John Guidry Director of Utilities has recommended approval of the Amendment to Agreement with Post, Buckley, $chuh & Jernigan per his May 31, 1989 memorandum to the City ~anager. ~. Approval of Bills ~ist attached. Vice Mayor Olenik abstained from voting on Item 37. Memorandum of Voting Conflict is attached to the original Copy of these Minutes in the Office of the City Clerk. Vice Mayor Olenik questioned why Items 19 and 20, payments to Eastman Kodak Company, were so high. Mr. Cheney and r. Annunziato explained that Eastman Kodak was now the aintenance firm for all the IBM copiers. These charges are '~he monthly maintenance fees retroactive to January, 1989. Relative to Item 51, vice Mayor Olenik asked about the harges for printing on the Comprehensive Plan. He asked if he City had been unable to go to bid on this because of the time limitations? Mr. Cheney responded affirmatively and indicated that Sir Speedy Printing had been willing to work ~aturdays and overtime to get the job done on time. Also in connection with Item 51, Mayor Moore asked if we had ttempted ~o stay in town if possible on the printing? r. Annunz~ato responded that we do attempt to stay in town. ~hey had priced the project out and they have been substan- ially lower for this kind of project. ~otion Commissioner Hester moved to approve the Consent Agenda. Vice Mayor Olenik seconded the motion. The motion passed unanimously. 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 IV. BIDS A. Bids for Beach Decals City Manager Cheney remarked that he had added a bid for decals for the beach. It has been recommended that the bid be awarded to Lowen Decal Company, Hutchinson, Kansas, in the amount of $1,530.00. They like to have this taken care Of as early as possible each year because these companies sometimes take summer vacations and then the City can run into problems. Mr. Cheney commented that there are about 15,000 decals issued. Discussion took place relative to the fact that temporary permits and annual permits are available. Motel occupants can obtain a permit while Staying in a motel in the City limits. Vice Mayor Olenik moved to approve the recommended bid for barking decals. Commissioner Hester seconded the motion. The motion passed unanimously. V. PUBLIC HEARING ~ayor Moore noted that there was no public hearing to be held at this time. ~I. PUBLIC AUDIENCE ~s. Wilda Search, 402 N.E. 13th Avenue, Boynton Beach Sddressed the Commission relative to the sidewalk situation on her street. This was not the first time she had tried to have sidewalks constructed. She felt it was dangerous to ~ot have them. Mr. Cheney reported that sidewalks on N.E. 13th Ave. have never been approved or budgeted. It is vir- tually impossible to put sidewalks on this street because of ~he impact it would have on the homes which are very close ~o the street. Ms. Searcy felt the lack of sidewalks made the street undesirable. Commissioner Hester explained to Ms. Searcy that there is a problem in that area because of the narrow streets. The homes are close to the street. There is very little space ~o put a sidewalk unless it is located right in front of the residents' door, like they are in New York City or Detroit. 9ice Mayor Olenik remarked that the City had just started ~he Home Improvement programs in the city. About 30 people had applied on the first day. He thought the City was ~aking a concerted attempt to do things in various areas of the City. The City has some $600,000 earmarked for the housing programs, vice Mayor Olenik agreed with Commissioner Hester and felt that you have to approach it Fealistically. 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 Ms. Lois Rush, 28 Colonial Club Drive, Boynton Beach addressed the Commission. Ms. Rush presently is Chairwoman 0f the Boynton Beach Government Committee of the League of Women Voters of South Palm Beach. Ms. Rush stated that the League of women voters in the United States has a principle %o which they subscribe; that Democratic government depends ~pon the information and active participation of it's citi- zens and requires that governmental bodies protect the citi- Sens' right to know by getting adequate notice of proposed actions, holding open meetings and making public records &ccessible. This principle should apply to all levels of ~overnment. Ms. Rush stated that they were concerned that the meeting of the City Commission on May 26, 1989, was in ~iolation of this principle. The citizens of Boynton Beach ave a right to expect responsible government actions by heir elected officials. She stated that they request that in the future, there be no repetition of the procedure followed on May 26, 1989. As no one else wished to speak, the PUBLIC AUDIENCE was Closed. II. DEVELOPMENT PLANS ~III. LEGAL A. Ordinances - 2nd Readin9 - PUBLIC HEARING Proposed Ordinance 89-11 Re: Creating a Community Redevelopment Agency for the Central Business District and establishing jurisdiction for both Community Redevelopment Agencies (Continued from Meetinq of May 16, 1989) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 87-15, OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH; BY CREATING A COMMUNITY REDEVELOPMENT AGENCY FOR HOUSING AND COMMUNITY IMPROVEMENT; BY CREATING A COMMUNITY REDEVELOPMENT AGENCY FOR THE CENTRAL BUSINESS DISTRICT; ESTABLISHING JURISDICTIONS FOR BOTH COMMUNITY REDEVELOPMENT AGENCIES; PROVIDING FOR APPOINTMENT TO THE BOARD OF COMMISSIONERS OF THE RESPECTIVE AGENCIES; PROVIDING FOR STAFFING; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 City Attorney Rea remarked that the Public Hearing had been closed on this Ordinance at the last Commission meeting. The way this Ordinance has been drafted is that it requires the Commission to appoint members to the Community Redevelopment Agency simultaneously with the adoption of the Ordinance. He suggested that since they were missing two Commissioners at this date, that this matter be continued until the next Commission meeeting. Vice Mayor Olenik moved that this be continued until the regular City Commission meeting of July 5, 1989 meeting. Commissioner Hester seconded the motion. The motion carried 3-0. Proposed Ordinance 89-10 Re: Annexation - Jonathan's Grove AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES. 2ity Attorney Rea advised that Proposed Ordinances 89-10, 39-13 and 89-14 are all designed to be passed simulta- 3eously. However, Proposed Ordinance 89-13 requires a vote Of 4-5 to make a Comprehensive Plan Amendment. Mr. Rea ~uggested that the Commission read these three proposed ~rdinances by title only, have the public hearing, close the ~ublic hearing and then continue it until there are at least four members of the Commission present. After Mr. Rea read proposed Ordinance 89-10 by title only, Mayor Moore asked if there was anyone in the audience that Wished to make input on the Ordinance. Mr. Kiernan Kilday 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 was present at the meeting and remarked that he would be available to answer any questions. As there was no public input, the PUBLIC HEARING was closed. Vice Mayor Olenik moved to continue this item until June 20, 1989. Commissioner Hester seconded the motion. The motion carried 3-0. Proposed Ordinance No. 89-13 Re: Amending Land Use Element - Jonathan's Grove AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY LOW-MEDIUM RESIDENTIAL TO CITY OF BOYNTON BEACH LOW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ~ity Attorney Rea read Proposed Ordinance No. 89-13 by title )nly. Mr. Kiernan Kilday was present to answer any ~uestions. Since there was no one in the audience that ¢ished to comment on the Ordinance, the PUBLIC HEARING was ~losed. ~ommissioner Hester moved to continue this item until iune 20, 1989. Vice Olenik seconded the motion. The Mayor otion carried 3-0. · Proposed Ordinance No. 89-14 Re: Rezonin~ - Jonathan's Grove AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY B~ ZONING A CERTAIN PARCEL OF LAND WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED TO THE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE AS R-lA (SINGLE-FAMILY RESIDENTIAL); PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. City Attorney Rea read Proposed Ordinance No. 89-14 by title Inly. Mr. Kiernan Kilday remained present to answer any uestions. Since there was no one in the audience that ished to comment on the Ordinance, the PUBLIC HEARING was losed. 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 Vice Mayor Olenik moved that the Commission continue this Ordinance until June 20, 1989. Commissioner Hester seconded the motion. The motion carried 3-0. Proposed Ordinance No. 89-15 Re: Amending Section A - Zoning to provide for Tire Sales and Service AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION A-ZONING. TO PROVIDE FOR TIRE SALES AND SERVICE, WITHOUT MAJOR REPAIRS AS A PERMITTED USE WITHIN THE C-3 DISTRICT; PROVIDING FOR ENVIRONMENTAL REVIEW PERMITS FOR SAID USE; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF APPENDIX A-ZONING NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. City Attorney Rea recommended that Proposed Ordinance 89-15 be continued, as far as the PUBLIC HEARING is concerned, until June 20, 1989. The City is readvertising to take care ~f any possible technical defects in the advertising. Vice Mayor Olenik moved that the Commission continue pro- osed Ordinance 89-15 on second reading, until une 20, 1989. Commissioner Hester seconded the motion. The motion carried 3-0. Ordinances - 1st Reading Proposed Ordinance No. 89-4 Re: Amending Chapter 21 - Signs (Previously TABLED) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 21. SIGNS SECTION 21-3 DEFINITIONS. OF THE CODE OF ORDINANCES TO CLARIFY THE DEFINITION OF VEHICULAR SIGN AND EXCLUSIONS THERETO; PROVIDING THAT EACH AND EVERY PROVISION OF CHAPTER 21, AND SECTION 21-3 NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ~ayor Moore commented that he felt the Sign Ordinance should remain TABLED until the Commission receives the report from ~he ad hoc committee. 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 2. Proposed Ordinance No. 89-16 Re: Amendment to Noise Ordinance AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE "CITY OF BOYNTON BEACH NOISE CONTROL ORDINANCE" SECTION 15-8.3, SAME-PROGRAM ADMINISTRATION., TO LIMIT FORMALIZED TRAINING FOR ENFORCEMENT OF NOISE DISTURBANCES TO SECTION 15-8.8; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 15 NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. City Attorney Rea read Proposed Ordinance No. 89-16 on first reading, by caption only. Commissioner Hester moved to adopt the Ordinance. Vice Mayor Olenik seconded the motion and a roll call vote was taken by Betty Boroni, City Clerk as follows: Vice Mayor Olenik - Aye Commissioner Hester - Aye Mayor Moore - Aye ~otion carried 3-0. Proposed Ordinance No. 89-12 Re: Readoption of Ordinance 89-12 - New Permitted Uses in C-3~ C-4 PID and M-1 Zones AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, READOPTING THE PROVISIONS OF ORDINANCE 89-12; ADOPTING REASONS AND FINDINGS FOR ZONING REGULATIONS RELATED TO ADULT ENTERTAINMENT ESTABLISHMENTS; AMENDING SECTION A - ZONING TO REDUCE DISTANCE REQUIREMENTS AND TO APPLY SAID DISTANCE REQUIREMENTS TO RESIDENTIAL ZONING DISTRICTS, PUBLIC USAGE DISTRICTS OR RECREATION DISTRICTS; PROVIDING FOR ADULT ENTERTAINMENT ESTABLISHMENTS AS PERMITTED USES WITHIN C-3, C-4, PID AND M-1 ZONING DISTRICTS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF APPENDIX A - ZONING NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICT CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 City Attorney Rea read Proposed Ordinance No. 89-12 by title only and commented that this was basically a readoption of the Ordinance, again, primarily to take care of any possible procedural discrepancies in the advertising procedure. Commissioner Hester moved for the adoption of Ordinance 89-12 on first reading. Vice Mayor Olenik seconded the motion. Vice Mayor Olenik remarked that at the Planning and Zoning Board hearing of June 5, 1989 as well as at a previous ~ommission meeting, Quantum Park had expressed some concerns about including the PID in this Ordinance because they have some concerns that perhaps on second sale of property in %heir park, they may have some problems keeping out an adult entertainment establishment. The Vice Mayor asked if this would be a permitted use in a PID without a conditional use? ~r. Annunziation stated the use would have to go to the Planning and Zoning Board for approval. There are no per- mitted uses in a PID except those that are approved by the Planning and Zoning Board. The Vice Mayor asked if in a previously platted PID such as Quantum Park, if on a second Sale of the property a restaurant is sold to someone else Who intends to turn it into an adult entertainment ~stablishment, would that have to come back to the Planning and Zoning Board? Mr. Annunziato answered, "If the use Changed, yes." The Vice Mayor asked if a restaurant is dif- ferent than an adult entertainment establishment? The ~nswer was negative. ¥ice Mayor Olenik stated that he has the same concerns that uantum Park has. The attorney mentioned to the represen- ative from Quantum at last night's Planning and Zoning ~oard meeting that they could use deed restrictions and they ~re looking into that. The Vice Mayor empathized with ~uantum because they have spent significant dollars to ensure an aesthetically pleasing and positive office park. ~e didn't want to give them something that they really ~idn't want. ~ayor Moore reminded the Commission, "You realize we're Skating on ice when we're structuring this thing to meet the ~est of the United States Supreme Court on free expression? ~ don't know where you draw the line. Is that going to Weaken our position, if you try to segregate out something?" ~r. Rea responded that if you were to eliminate PIDs, we Would effectively "gut" the Ordinance from a constitutional point of view. Mr. Rea stated that as it is structured now, 5e would suggest that we go for this adoption process now 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 and at a later date, if necessary, "fine tune" it as far as distancing requirements. We may then somewhere down the line be able to eliminate PIDs from permitted zones. He thought as it is structured now with the distance require- ment and a number of allowable sites, if we were to elimi- nate Quantum Park or any other PID, the Ordinance would be Constitutionally defective. Relative to the point that Vice Mayor Olenik had just ~iscussed with Mr. Annunziato, about having to return before the Planning and Zoning Board to make specific use approval, ~ity Manager Cheney remarked that this was not discussed With representatives of Quantum. In the discussion at last aight's Planning and Zoning Board meeting, it keeps the bur- ~en with the city as opposed to the burden being with them ~aving to put a deed restriction in. That might or might not change their mind. ~ice Mayor Olenik stated he was just expressing concern. He was not saying that he didn't want this Ordinance to go for- Ward. He thinks we need it. But, for the record, he thinks Quantum will be in attendance at the Public Hearing at the ~ext meeting. ~ayor Moore called for a vote on the motion currently on the loor to adopt the Ordinance on first reading. A roll call tote was taken by Betty Boroni, City Clerk as follows: Commissioner Hester - Aye Mayor Moore - Aye Vice Mayor Olenik - Aye Motion carried 3-0. C. Resolutions None. D. Other 1. Review of Community Appearance Board responsibilities Vice Mayor Olenik remarked that at last night's Planning and Zoning Board meeting discussion had taken place relative to the Planning and Zoning Board having a workshop meeting with the Commission to talk about Section 19. They thought that they would have a meeting on their own to determine their recommendations for Section 19 and then they would come to the Commission for a workshop. The Commission agreed that that would make sense. 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 Don Jaeger, Building Official, stated that he was in atten- dance at the Community Appearance Board workshop meeting and they heard recommendations from members of the community and members of the landscaping community. The Board took a vote and recommended that the Commission direct staff to adopt an Ordinance addressing tree trimming. He said that was the extent of the Community Appearance Board recommen- dation. The Commission agreed to leave this item TABLED. 2. Velardo Foreclosure (Sale to Sturgeon) Mr. Rea explained that the Velardo property which is approxlmately a 12 ft. strip of land, was subject to Code Enforcement Board action. Ultimately they voted for foreclosure. Without going through much of a foreclosure procedure the City ended up getting a deed to the parcel for approximately $560.00 worth of administrative costs. Now the Sturgeons, who own the adjoining property are seeking to purchase that from the City and the City would like authori- Zation to sell that 12 ft. strip at the approximate value of the administrative costs, approximately $560.00. The Sturgeons have been maintaining it all along. Commissioner Hester moved to approve the sale of the prop- erty. Vice Mayor Olenik seconded the motion. The motion ~arried 3-0. 3. Consider approval for use of Irrevocable Letter of Credit - Minto II Subdivision City Manager Cheney stated that for years the City has taken the position that it does not accept Irrevocable Letters of Credit. It has always insisted on a Bond. City Attorney Rea feels that it is acceptable to take an Irrevocable Letter of Credit in the form that the County uses. Mr. Cheney stated that this would be a policy change on the part of the Commission if they wanted to start doing this. John Guidry, Director of Utilities stated that he recom- mended it on a case by case basis, in the franchise area. He was speaking with respect to the area outside the City limits. Mr. Cheney remarked that the policy previously has been to accept only bonds in all areas. The suggestion here is that we take a Letter of Credit outside of the City for utili- ties. This is by Barnett Bank in this particular case. 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 Mayor Moore noted that with a Letter of Credit, the indivi- dual would have to pay a premium to get that extension of credit. It's available to be called upon if he defaults at any time. This is generally accepted in the industry. Vice Mayor Olenik moved that this procedure be approved. Commissioner Hester seconded the motion. The motion carried 3-0. D. Landlord/Tenant Ordinance Discussion of this topic was added to tonight's Agenda at ~ayor Moore's request. Ordinance 87-9B, the Landlord/Tenant Ordinance was sponsored by Dee Zibelli. Implementation and ~nforcement of this Ordinance is a "nightmare" in Mayor Moore's opinion. It is causing hardship to many people. It ~oes not present any additional responsibilities or anything that isn't already on the Ordinances. We're doing a lot of paperwork that cannot even be effectively processed. He thought we were getting about $20 a room and stated it's not Working. He thinks it was a nice try but it's causing a lot Of problems. A lot of people that don't even have tenants are getting letters. He would like to see this repealed and ~hen go on to something more productive. ~r. Cheney stated that he felt it has been working but there are obviously some complications. ayor Moore asked what the beneficicial purpose of it would e? Mr. Cheney stated that there is an assumption that ~bsentee landlords do not maintain their property as well as people who. own the property and live there. One way of 9ddresslng that is to find out where the absentee landlords are and have a regular annual inspection program. That is ~hat this list of tenant licensing does. It gives the City ~ chance to inspect for code compliance a tenant situation on an annual basis. The assumption is that that will, in ~he long run, even though it might be cumbersome, improve ~he quality of housing in the City. Mr. Cheney stated that it's been going for about 18 months and the City has not ~one an analysis as to whether that assumption of improve- ~ent would be true or not. He agreed that absentee landlords are a problem particularly north of Boynton Beach ~lvd. It is an administrative problem and requires paper- · ork. We probably do not "break even" on it. He could ~ot really answer the question, "Has that problem been worth he effort?" ~ayor Moore felt it wasn't working and it was bureaucratic Overkill. ge thought we were clogging up part of the admin- istration with it and it would never work. 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 Commissioner Hester thought City Manager Cheney should be allowed time to prepare a report for the Commission. Vice Mayor Olenik stated he wasn't ready to act on this. Mayor Moore stated he wanted to know how much it's costing us, how much time it's taking of our staff and if we're really doing anything. Mr. Cheney stated he would provide the Commission with the information in a month. Dee Zibelli, 440 Ocean Parkway, Boynton Beach, addressed the ~ommission and stated that she was going to ask the Commission not to go to first reading on it, but to allow more time. She stated that this law was put into effect for the safety of the tenants of the rentals. Ms. zibelli Stated that the law wasn't really meant for the Aeisurevilles of the City, nor the Colonial Clubs, Sterling Villages, etc. They have associations and don't have this problem. Most violations are from Boynton Beach Blvd., north, east of U.S. 1 and west of 1-95, in the single family home district. Ms. zibelli stated that the key to the ren- kal law is access. When you bring something to the Code Enforcement Board you have to go through long entailed State ~egulations for code enforcement. This will give the City the wherewithal to have access. You contact the landlord and tell him you want to go in and look at the place as there has been a complaint. Ms. Zibelli elaborated on ~ituations that could arise where it would be useful for the City to have access. ~s. zibelli stated that the few dollars for the license fee is a small price to see that the City is cleaned up and can ~et rid of the tenants who don't have pride in the City. She stated that the reason she asked for the waiver of the fee for the list of rentals was the fact that Shelley Costantino and she were going to do their own study. Shelley ~as maps of the north end and has been pinpointing all of ~he homes that are rentals that are being used by drug users ~nd the homes that are overcrowded. The reason that this was done was to effectively give this to the Code Enforcement Officers because they aren't always aware of ~hing~ that take place. Mayorl Moore remarked that if anything takes place, there Wouldi have to be a Public Hearing. Shelley Costantino, 155 Flamingo Drive, Boynton Beach, addressed the Commission and showed them the impromptu study that ~hey had prepared.. She explained the information on the map and showed that suspected drug dealers are shown on the m~p. Mayor Moore commented that whoever is admi- nistering this within staff would find this information use- ful. i 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 OLD BUSINESS A. Confirm approval of plans for July 4th fireworks (Deleted at May 16, 1989 meeting) The Commission had been provided a report from Mr. Charlie Frederick from the Recreation and Parks Dept. relative to this topic. It appears that there is no chance of expecting any savings on the fireworks display. Mayor Moore finally got a commitment to get the barge for $1,000. He thought perhaps this is a situation where the City should look into competitive bidding. He had coordinated with Lantana, Hypoluxo, Manalapan and Ocean Ridge and they are all ame- nable to putting on joint projects, but unfortunatly it's too late to do it now. Mayor Moore thinks we need to be more conservative on these projects that we undertake and apply sound business practices where it is obvious that money can be saved. Mr. Cheney noted that in the past this has been a joint proj- ect between the City and the Chamber of Commerce. The barge arrangements have been made primarily by the Chamber Of Commerce over the years. At one time we weren't able to get a barge. The barge has to be of a certain size and must meet the standards of the fireworks company. Mayor Moore asked if the City authorizes the Chamber of Commerce to sign contracts on this? He wondered why the Chamber was allowed to sign a contract, obligating tax- payers' money. Mr. Cheney responded that that has been the agreement on these joint programs such as GALA, 4th of July and other programs. This agreement has been going on for many years. Mayor Moore stated that if we're spending tax- payers' money he couldn't understand why the City doesn't engage in those negotiations and obligate the taxpayers through a City contract. Mr. Cheney stated that if the Commission agrees, that next year we'll find a new way of doing it. The Commission agreed to proceed with the program as outlined. NEW BUSINESS A. Consider approval of street resurfacing Fiscal Year 88/89 and overflow list for 89/90 Mr. Cheney reported that each year a list is put together of streets that need resurfacing. It is given to the Commission and they are allowed time to study it and perhaps 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 make any needed additions of streets that might be more urgently in need of resurfacing. This is a public list that can be reviewed. When the Commission is ready they can agree on the final list and then we use either the County or the State contracts, whichever one is the cheapest, to get the work done. Vice Mayor Olenik noticed that Ocean Ave. from U.S. 1 to Seacrest Blvd. is on the list this year. As we begin the demolition and reconstruction of the Civic Center he didn't think this was really the best time to resurface Ocean Ave. He thought we might want to wait until the construction is complete with all the heavy vehicles that will be travelling in that area. Mayor Moore asked if there was a pool of homeowners' requests for street resurfacing? Mr. Cheney replied that throughout the year, as calls are received and investigated, Streets are put on the list. B. Status of Tradewinds Suit Mayor Moore asked the Commissioners, "Anybody want to let me talk to the guys about Tradewinds yet? We've got two to One, maybe?" He commented that they had managed to get a Copy of the proposed site plan. He understands that the City is under Court Order to do the rezoning and then they Would have to submit through normal channels a site plan to blend in with that zoning which is approved conceptually. ~ayor Moore passed the gavel to Vice Mayor Olenik. Commissioner Hester moved that Mayor Moore be authorized to open up discussions to try and make some progress and to bring the information back to the Commission. Mayor Moore ~econded the motion. City Attorney Rea asked, "If I may, as this Commission's attorney, could I possibly ask for a friendly amendment to allow me to enter into whatever discussion, as well?" Mayor Moore responded affirmatively. The Commission proceeded to vote on the motion which was on ~he floor. The motion carried 2-1. Vice Mayor Olenik voted against the motion. Discussion on City's position for petitioners rezoning of property on Boynton Beach Boulevard & Oakwood Lane - Car Care, Inc. (Ji____~f~y Lube) Mayor Moore stated that this property is located on Boynton Beach Blvd. at Oakwood Lane. The Mayor thought this system 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 had been resolved. The City has taken a pretty firm posi- tion that it is not going to get involved in rezoning of property outside the City extra-territorially just because we are furnishing water and sewer to them. This is a situation where we entered into an agreement to furnish them water and sewer and then the Commission directed Mr. Annunziato to appear at all hearings on the matter before the County Commission on the conditional use or rezonings to oppose the application. It doesn't make a lot of sense to him and he feels it is wrong. Apparently they went before the County Commission's Planning and Zoning Board and there was opposi- %ion stated on behalf of the City of Boynton Beach. The ~ecommendation came down and the Mayor's investigation indi- cated that they give credence to what the City says. And if %he City doesn't want it they are going to recommend that the application be turned down. The Mayor stated that he thinks it is wrong for the City to be involved in this. The theory has been stated that at some time in the future we might annex this property. The Mayor felt that if we're going to furnish them water and sewer we should draw back the opposition we had and say that since they are a contract ~urchaser from us we would hopefully get the support of the ounty Commission to let this applicant proceed. The Mayor stated that there was formal action taken to state Chat the City wanted it's staff to formally object to this ~roject.. He feels this was wrong and it now goes against the policy that this Commission has established. The Mayor ~ould like to "make this right" if the Commission will give ~im the authority. He would like to withdraw the objection. Vice Mayor Olenik stated that when the City voted a couple 0f months ago on the project with the cash donation for the environmental area he was voting specifically on advice of ~ounsel here that said what we were doing about receiving money for that might be in violation of the law. What they desire to do to this property is not within a desired land ~se on that area of Boynton Beach Blvd. The Vice Mayor ~xplained that Oakwood Lakes lies to the north of the site. There is a luxury rental complex being built just to the ~est. The makeup of West Boynton Beach Blvd., west of Knuth Rd., until you get to Military Trail, is of an office com- mercial type nature. This is inconsistent with Palm Beach County s Comprehensive Plan as he understands lt. The Vice ~ayor asked if this parcel in their new Comprehensive Plan is still office commercial? Carmen Annunziato answered that the way the County's Comprehensive Plan was transmitted to DCA was with one commercial category. What the City has been told is that between now and the plan adoption, the 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 County is going to split that one category into three cate- gories, basically mimicking the system that Boynton Beach has. There will be an office commercial category, a retail commercial category and a general land use category. The Vice Mayor asked what was it prior to their submittal of the current Comp. Plan? Mr. Annunziato responded that it was commercial potential. Vice Mayor Olenik stated that he thinks the City and the County have the responsibility to see that the land uses in our reserve annexation area that are now part of County juris- diction~ are consistent. Then we could avoid having this type of situation occur. He didn't think it was beyond our purview to ensure that these areas develop within the guide- lines that they should. He feels strongly that this area Should be office commercial. He thinks it sounds like the County took an easier way out when they submitted their plan. They didn't have to look at the different distinc- tions of the commercial. He would like to think that when %hey finally do "break it out" that it will show as office commercial and not retail commercial such as this. Mayor Moore stated that his understanding of the ruling had nothing to do with the specific case about paying the $50,000 for the environmental problem. He thought it was a general overall thing and he is satisfied himself that under 163 that you're taking a position that you can get a joint Zoning look at property outside the municipal limits and ~nder the County's jurisdiction by a specific agreement after a Public Hearing. The City has not taken that posi- tion and that is not the situation. He thinks that is the 0nly way you can legally do it. He stated that if the Commission asked the County to let us share jurisdiction with them outside of our City limits, the County would find it amusing. He feels there needs to be a point where the City stops trying to impose it's will outside of the City. He added that anybody could object to it as a citizen but to So it as a governmental body didn't make sense to him. You personally may not think it's a good idea, but when you gear UP somebody and send him as a representative of every citi- zen in this City, they are going to give credence to that kind of input. Vice Mayor Olenik asked City Attorney Rea if the City could Object to such land use changes and rezonings in areas within the water service and reserve annexation areas? Mr. Rea stated that what he ruled on before was that this City can refuse to provide water to an area outside of it's City limits if it feels that the land uses, between the land 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 use provided in the County and the future land use designa- tion in the City, are incompatible. That was the essence of the ruling. Other than for specific land use categories, for compatibility, this City would be required to limit it's approval for water based upon the intensity of use. If you limit these you'll have so many residential equivalent units of water provided. You tie the site plan simply to the use of water and the quantity of water used. If you choose, you can deny providing water based upon an inherent conflict in the land uses provided for in the County and the future land use provided for the City's Comprehensive Plan. Vice Mayor Olenik stated that in his opinion the County's Land Use Plan is so nebulous that we can't make the deter- ~ination if there is inconsistency between their plan and our plan. Mayor Moore remarked that obviously the County is enter- taining a petition for whether it's conditional use or ~ezoning so he assumes that they feel they have the power to grant whatever the applicant is asking for, under their plan Or with a change or whatever. Mr. Steve Daniels addressed the Commission on behalf of the petitioner. He stated that on the northwest corner of Knuth Rd. and Boynton Beach Blvd., a couple of hundred yards to ~he east of his property, is a piece of property zoned ~ommercial general special exception which is the exact ~oning that he is requesting. So obviously it's been zoned ~hat way once before. Questions have been raised as to Whether the County may not have the power, may not want to 4o it, should not do it, etc. These are questions that the County will answer when he is before them. But they have ~oned it that way at least once on property that was ~ctually closer to the City limits. Vice Mayor Olenik Stated that that parcel was closer to the City limits, but ~he intensity of use was higher. He said they were not residential units there. Mr. Daniels said there were resi- dential units there. He showed the map that was attached to ~he petition itself and explained that the situations were ~ery similarly situated. Further discussion took place ~elative to a representative of the City going before the ounty to object to a project in the County. Vice Mayor Olenik remarked that the County had recently sent represen- tatives to object to a project at the Boynton Beach Mall. ge wasn't sure the City would be setting any precident here ~t all. Governmental units do this on occasion. Mayor Moore asked if the Commission wished to reconsider the alction of formerly objecting to the petition or let it stand 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 where it is now. Mayor Moore asked Mr. Daniels if it had already gotten an unfavorable recommendation from the County Commission? Mr. Daniels replied that there was a recommendation by the Planning staff to the Planning Commission recom- mending against it. The reasons that they stated were pretty much the reasons in Mr. Annunziato's letter. So they withdrew the petition for 30 days until they had an oppor- tunity to meet with the Boynton Beach City Commission to see if another letter could be sent obviating the first letter. He asked if they could obtain a letter from the City saying ~here is no objection. If the Commission feels that it does have that authority to complain he would at least like to ~how them what he wants to do and perhaps he can dissuade ~he Commission. He doesn't want to spend the time unless he's going to lose that first battle. ~ommissioner Hester stated that he would rather let it stand rs it is. Mr. Daniels wanted the opportunity to show the Commission what is down the street and what he wants to do. previously they were before the Commission requesting only that they get water and sewer. Mr. Daniels presented pho- %ographs of the two ~trip centers to the east of his prop- ~rty, the Greentree uenters, I and II. He compared his roject and stated that theirs would have an 8 ft. wall eparating their project from the canal which separates ~heir street from the Oakwood project. He stated that he didn't think their proposed project would be nearly as Offensive as what is there and also what is zoned to be ~here in the future. Mr. Daniels objected to the comment in Mr. Annunziato's ietter that said that the area is proposed to be annexed When in fact in Mr. Annunziato's letter to Mr. Cheney he Says, "Concerning annexation, this property is not con- ~iguous to the City at this time, therefore, annexation is ~ot a consideration." When Mr. Annunziato tells City staff One thing but then writes a letter to the County telling ~hem something else, it leaves him stuck. He didn't feel it Was fair for the City to do this to him before he has had an 9pportunity to go before the County to see what they think. ~r. Annunziato wished to clarify the statement. He stated %hat at this point in time the property is not annexable. ~owever, the City has water service agreements that have Signed for annexation in the area. At some time in the ~uture the decision will be brought to the City Commission Whether they want to activate those contracts. It is not ~nnexable at this point in time but it could be based on Other agreements. 32 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 Motion Mayor Moore passed the gavel to Vice Mayor Olenik and moved that the City reverse it's position and "get it's nose out of somewhere that it has no business being," and that the Commission allow the Mayor on behalf of the City to tell the County Commission that since it has contracted to furnish water and sewer to this particular applicant, that we sup- port his motion for the zoning he is asking for in their discretion. The motion died for lack of a second. The gavel was returned to Mayor Moore and he stated that the prior position or motion would have to stand. Mr. Phil Leslie, President of COBRA, a homeowners' asso- Ciation group, west of the City, addressed the Commission. He stated that they are interested in this project because it is in what they consider their area of concern. He didn't think this was the place to debate whether or not the Petition should be passed, but he felt they should know that COBRA has started to initiat~ a growth control plan of it's own which they intend to present to the County Commission and hope that it will be integrated with the Comprehensive ~lan for the County. ~ayor Moore commended COBRA for it's actions and said they Were doing a good job. 3. Building Department_reorganization Commissioner Hester couldn't understand why the Commission needed to go back and talk more when the proposal was pre- Sented previously. He asked if the Commission approved it or not. Mr. Cheney stated that he had made a proposal three weeks ago and the Commission didn't object to it but because of actions taken by the Commission since then, he thought it would be appropriate to reconsider it. Mayor Moore remarked that obviously the situation has changed in Mr. Cheney's absence and the Commission wanted to extend the City Manager ~he courtesy of more input in light of what happened. The Commission agreed to leave this item TABLED. C. Consider approval of contract with Edward D. Stone Associates for beach ramp and stair repairs Mro Cheney reported that because of erosion problems the City needs to have a design plan done which will have to go back to DNR. We can't do anything down there that is dif- ferent. We need to probably do some additional ramp work that goes parallel to the dune and we need DNR's approval. 33 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 Mr. Cheney commented that there still are bond funds from the original beach bond issue that are available for no other project. Vice Mayor Olenik moved that the Commission approve the contract with Edward D. Stone. Commissioner Hester seconded the motion which carried 3-0. D. Consider purchase of portable radios for Crime Watch Organizations Mr. Cheney stated that two of the CB radios had been distri- buted and the city has two more. The big question is what is the City going to do in the way of support that is equitable for all the Crime Watch groups? Maybe the City needs to consider some kind of centralized base station Situation, to assist the Crime Watch groups in having the base station covered all the time, instead of having 12 or 13 different base stations covered by volunteers. Mr. Cheney had received a report from one of the Crime Watch officers which suggested that to do it right we need about 65 radios. The Crime Watch program is growing and is suc- cessful. Mr. Cheney stated that the problem you always face with volunteer organizations is consistent manpower and he thought maybe if the City studied it further and went toward the direction of one central base station that assisted that manpower, this might help out. There are two more radios to be given out at this point. Mayor Moore remarked that the City should distribute the remaining two radios on a trial basis and then at budget time consider whether we want to go further. Shelley Costantino addressed the Commission and stated that relative to the four hand held radios and the base, that two and a half years ago she had requested radios specifically for Rolling Green Crime Watch. She said they have been waiting for those. As far as the centralized base system using CB radios, she didn't think it would be feasible because of the building heights. Right now they are experiencing "dead spots" with condominiums. What they need to do since they have expanded their area into the park area is to establish a second base. They have a base unit that they're using now that every time they use it they pray it will work properly. She is asking that the original agreement with Rolling Green be honored but with the remaining radios. As far as purchasing more and working together setting up some type of centralized unit, she recommends that the other groups that are applying and 34 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 showing interest be trained with the same training methods that they were trained with. Ms. Costantino stated that Rolling Green Ridge has the two radios. She is suggesting that Eagle Eye Crime Watch get the remaining two radios. She said that is who they were originally purchased for. The Commission was agreeable to this arrangement and discussion took place relative to monies being included for Other radios at budget time. Mayor Moore remarked that Ms. Costantino should provide more input in the month of July, as to what is really needed so that all the Crime Watch organizations could be equipped with whatever they need to effectively operate. Ms. Costantino will be in con- tact with Chief Hillery to pick up the remaining two radios. E. Joe's Drive In This item was added to tonight's Agenda at Mayor Moore's request. The Mayor remarked that a young couple by the name of Brusko had purchased this property and were trying to fix it up. The problem is that this is commercial property and behind it is the Four Js Motel. It is actually zoned resi- dential or R-3, but it's a non-conforming use. There's a chain link fence dividing the properties on the back side of Joe's Drive In and on the west side of the Four Js. It will cost them about $8,000 to build a concrete brick wall there which they simply cannot handle. They would like to fix this site up and eliminate a real eyesore in the community. The TRB approved it with that just because the law said that between commercial and residential properties you have to have a 6 ft. brick wall. The Mayor asked the Commission to consider waiving this requirement in this particular case because of the fact that it is a hardship and until such time as the property to the east discontinues or loses its §randfathered in protection. At that time they would have t° agree that they would comply with the law in effect. Vice Mayor Olenik stated that he agreed but was concerned whether the city could do this legally. The Board of Adjustment grants variances. He was not sure whether the Commission legally could even do this. Mayor Moore remarked that this Commission operated by policy, which had nothing to do with law, for many years. Maybe they could go ahead and give them a temporary building permit and then have them apply to the Board of Adjustment for a variance. Mr. Rea stated that the best idea would be to have them go before the Board of Adjustment. If the variance is denied then the Commission could readdress the issue. 35 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 Vice Mayor Olenik stated that site was?going to be in the mixed use area and the Commission needs to address the whole issue of the City's Ordinances. The consensus of the Commission was that the Building Dept. issue a temporary building permit and they should apply to the Board of Adjustment for a variance. If they don't get relief there they can address the Commission. XI. ADMINISTRATIVE A. Consider and adopt board appointment rotation Mr. Cheney had provided a report to the Commission on this topic. The Resolution was passed and needs to be imple- mented in some rotation. Mr. Cheney had put together a suggestion based on the history of past appointments as to how that rotation could take place. Vice Mayor Olenik asked if for convenience it might be easier to have the proposed rotation schedule for each board be the same, namely, Mayor, District 1, 2, 3 and 4? Mr. Cheney responded that he chose not to make that suggestion because that makes an arbitrary change as to with Whom you start and it might have some upsetting responses as %o who gets the next appointment. The City Manager took it as chronologically from history as he could. When asked his opinion, Commissioner Hester remarked to '!Just leave it there for now." Several minutes later, Mr. Rea asked~ "Was this board rota- %ion actually approved or is it still under consideration?" Mayor Moore answered~ "It is still under consideration. Let's get everybody back here and battle it out and see where we're going. We'll probably end up drawing them by ~ots and then go into the system you said. We'd draw the first go around by lot. They can't argue that. I'm sure ~here's some systematic way you did this, Mr. Cheney, but there will be somebody not agreeing with it. If you do it by lot, they can't argue." B. Board Appointments A motion was made by Vice Mayor Olenik and passed, to remove from the TABLE the Board Appointments. Commissioner Hester wished to appoint Dee Zibelli to the alternate position on the Planning and Zoning Board. There were no objections. 36 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 Mayor Moore wished to appoint Maggie Gager to the alternate position on the Cemetery Board. There were no objections. The appointment to the Civil Service Board will remain TABLED. C. Draft Administrative policy relative to building pro- jects under $100,000. (Previously TABLED) Mayor Moore noted that inasmuch as the City has a new Building official and his input will be needed on this topic, this item should probably remain TABLED at this point. D. Report on maintenance of city owned land south of Tropics Mayor Moore noted that progress is being made toward Cleaning this land up. Vice Mayor Olenik asked if there was any way that the City could use summer help to do the cleanup. It was brought to his attention that the work involves working with chainsaws, bulldozers and other major equipment operation. Mayor Moore remarked that there were some people living in cars on the property. Mr. Cheney com- mented that they could now put it out to bid and get it taken care of. The Commission was agreeable. Report on improvements to N.E. 22nd Avenue Railroad Crossing gr. Cheney remarked that the City signed an agreement a long ~ime ago, that it would repair those railroad crossings when told to. We are facing $80,500 in repairs. This will have ko be programmed into the budget next year. He commented %hat the FEC was there first and the City got permission to put a road across their tracks. Confirm election of Edward Duffy to serve on Municipal Firefi~hter's Pension Fund Board Commissioner Hester moved to confirm the election of Edward Duffy to serve on the Municipal Firefighter's Pension Fund Board. Vice Mayor Olenik seconded the motion which carried 3-0. G. Children Playing Sign This item was added to the Agenda at Mr. Cheney's request. A petition was received by a group of youngsters requesting 37 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 that a "Children Playing" sign be erected in their neigh- borhood. Mr. Cheney reported that the City has had these signs before. The problem over the years has been that they have been concluded to be attractive nuisances. You put a Children Playing sign up and then the children and parents think it's acceptable to play in the street. The City has Confirmed that the State Dept. of Transportation advises that we don't use it. They are not used on State roads. The same thing applies to Palm Beach County. With those two agencies doing that, if we didn't go along and we did it, then we would have a real insurance liability question, because we wouldn't be following government standards. Mr. Cheney commented that he would explain this to the mother of Jennifer Miller. H. Appointment of Fire Chief This item was added to the Agenda at Mr. Cheney's request. After some period of time, observation and working together, it is the City Manager's recommendation that Ed Allen, who has been Acting Fire Chief for over a year, and has been with the department since 1969, be appointed as Fire Chief. Commissioner Hester moved that the Commission ratify the appointment of Ed Allen as Fire Chief. Vice Mayor Olenik seconded the motion which carried 3-0. Mr. Allen was congratulated. OTHER None. ADJOURNMENT There being no further business to come before the Commission, the meeting properly adjourned at 8:25 P.M. 38 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1989 ayor ViCe Mayo~ Commissioner ATTEST City Recording Secretary (Three Tapes) Commissioner 39 AGENDA June 6, 1989 1. iAMERICAN STATES INSURANCE iGenerai Fire Policy Pay from General Fund...001-195-5-443-00 2.1ABC RESEARCH Contract Testing for Industrial Pre-treatment Program-Laboratory Work PO# 79373 Pay from Water & Sewer Rev. Fund...401-351-5-470-02 3. iALLIED PRODUCTS COMPANY Pebble Quicklime for Water Treatment Plant PO# 79374 Pay from Water & Sewer Rev. Fund...401-332-5-365-00 4.!A.O.B. UNDERGROUND :Periodical Estimate #5 (final) PO# 77016 iPay from Utility General Fund...403-000-169-001-00 5.1AMERICAN BANKERS INSURANCE CO. OF FLORIDA iFlood Ins. Policies for Boat Club Park, Oceanfront Park iFire Sta.#2 & Racquet Club iPay from General Famd...001-195-5-440-01 6. iBARNETT BANK TRUST CO. ISemi-Annual Paying Agent Fee Pay from Water & Sewer Rev. Fund...401-841-5-795-00 7.1BOYD'S ELECTRONICS iBearcat 800 Scanning Monitors & Receivers PO# 78770 iPay from General Fund...001-197-5-690-05 8.!GREATER BOYNTON BEACH CHAMBER OF COMMERCE INC. iChamber of Commerce Services for month of June 1989 IPaY from Publicity Fund. . .101-191-5-454-00 BROOKS PRODUCTS Concrete Lid w/ steel flaps for meter reading services Bid Items PO# 77786 Pay from Utility Capital Improvement...404-334-5-651-00 10 THE CENTER FOR FAMILY SERVICES Employee Assistance Program-May 1989 Pay from General Fund...001-135-5-482-00 5,309.80 1,494.00 5,669.67 25,283.50 1,004.10 1,018.28 1,200.00 1,375.00 3,040.00 1,250.20 'COMMISSION JUN 6 1989 APPROVAL 11. COMMERCIAL ENERGY SPECIALISTS Automatic Swinging Pool Water Treatment Control Cormnission Approved April 18, 1989 PO# 78919 Pay from General Fund...001-721-5--642-00 12. CORPORATE DESIGN INTERIORS Furniture for Fire Dept. PO# 79342 Com~ission Approved June 2, 1987 Pay from Building Improvement Fund...304-194-5-640-20 13. CORPORATE DESIGN INTERIORS !Furniture for Fire Dept. & Public Works PO# 79341 !Connnission Approved June 2, 1987 Pay from Building Improvement Fund...304-194-5-640-20 14. DAVIS WATER & WASTE INDUSTRIES, INC. iRental Scrubber April 1989 PO# 79378 ~Pay from Water & Sewer Rev. Fund...401-352-5-499-00 15. ~DE BRA ENTERPRISES INC. !Smithco Easy Rider Palm Beach County Bid PO# 78624 !Pay from General Fund...001-722-5-641-00 16.~DEXTER iGolf Shoes for sale in Pro Shop PO# 79179 ~Pay from Golf Course Fund...411-000-0-420-10 17. DIVERSIFIED DRILLING CORP. Periodical Estimate # 22 !Pay from Utility General Fund...403-000-0-690-10 18.!DUVAL FORD i16 Ford Crown Victoria Vehicles PO# 77841 ~State Contract # 070-001-89-1 iPay from Vehicle Service Fund...501-000-1-477-60 ,, " ,, ...501-193-5-688-00 19. 20. EASTMAN KODAK COMPANY !IBM Series III Model 70 Copier !Pay from Various Funds IEASTMAN KODAK COMPANY iCop~er Usage & Collator Rental iPay from Various Funds 4,060.00 19,532.48 6,375.98 4,500.00 6,650.00 1,524.32 74,530.95 197,296.00 6,584.64 2,277.58 COMMISSION dUN ~ 1989 APPROVAL 21. GENERAL TIRE SERVICE Tires, Tubes PO# 79309 Pay from Vehicle Service Fund...501-193-5-322-00 " " " ...411-726-5-433-00 22. GERAGHTY & MILLER, INC. Professional Services-Eastern Wellfield 4/2/89 thru 4/29/89-Chemical Analysis-New Well Construction Pay from Utility General Fund...403-000-0-690-10 23. RON GRAHAM Move office double-wide trailer PO# 79063 !Pay from Building Improvement Fund...304-194-5-640-23 24. ;HELENA CHEMICAL COMPANY ~Insecticides (oftanol II) PO# 79031 Pay from Golf Course Fund...411-726-5-361-00 25. 26. 27. iRESCO SALES INC. ~Containers w/plastic lids PO# 78729 iCommission Approved March 21, 1989 iPay from Sanitation Fund...431-341-5-690-02 iHUNTER/RS & H INC. iWork performed by consultant in connection with the preparation of housing element. pay from General Fund...001-151-5-462-00 IBM/ROLM Install 16 Channel Coder/Decorder Invoice # 107664 'Pay from Utility Service Tax Fund...302-195-5-629-00 28. iINSTITUTIONAL SALES CORP. Stair Climbing Machine PO# 78075 Bid Item Commission Approved February 7, 1989 Pay from Building Improvement Fund...304-194-5-640-20 29. JOHN HOCHEM CHEVEROLET Chevrolet 3/4 ton pickup State Contract #070-001-89-1 PO~ 77817 Pay from Vehicle Service Fund...501-193-5-681-00 30. JONES CHEMICAL INC. 'Chemical for Water Treatment Plant PO# 79421 Pay from Water & Sewer Rev. Fund...401-332-5-363-00 3,607.01 10,491.37 1,600.00 1,222.50 6,584.20 4,000.00 5,231.24 2,355.00 9,711.48 4,431.35 !989 31. WALTER H. KELLER, INC. Preparation of Coastal Management, Conservation & Traffic Circulation Elements of Comprehensive Plan of The City of Boynton thru May 17, 1989 Pay from General Fund...001-151-5-462-00 4,550.00 32. LIFT POWER INC. Komatsu Forklift Truck State Contract #760-001-88-1 PO # 78528 Pay from Warehouse Fund...502-199-5-973-00 17,840.00 33. !MDH GRAPHIC SERVICES !Printing of Newsletter May & June 1989 iPay from General Fund...001-11194-5-472-00 2,132.50 34. MATTLIN, MC CLOSKY & NORTH iTradewinds Litigation - April 1989 !Pay from General Fund...001-141-5-461-00 1,576.85 35. 36. iMILLER &MEIER & ASSOCIATES Architectural Services Fire Station #3 March 26 thru !April 25, 1989 iPay from Building Improvement Fund...304-223-5-640-11 ~MILLER & MEIER & ASSOCIATES Architectural Service-Construction Document'portion of fee Month # 19 April 5 thru May 5, 1989 Pay from Various Building Improvement Funds 9,970.00 7,,599.62 37.!MOTOROLA INC. IService contract for June 1989 Inv# S5966803 Pay from General Fund...001-197-5-431-00 38. iNEPTUNE WATER METER COMPANY Brass Water Meters PO# 78368 Broward County Bid i# C-12-87-23-12 !Pay from Utility Capital Improvement Fund...404-334-5-651-00 1,415.63 55,176.00 39. i NEWS & SUN SENTINEL iBoynton's G.A.L.A. advertising iPay from General Fund...001-000-1-290-70 1,467.90 40.1NYNEX BUSINESS CENTER IBM Proprinter PO# 78713 Pay from Warehouse Fund...502-199-5-670-02 1,534.72 I989 41. OAKS WHOLESALE DISTRIBUTORS Safariland Centerline Ballistic Body Armour Cotmnission Approved November 1, 1988 Pay from General Fund...001-211-5-642-00 PO # 78284 42. PITMAN PHOTO SUPPLY Film & Supplies for Police Dept. PO# 78994 Pay from General Fund...001-211-5-380-01 PRIDE OF FLORIDA Custom Legends, Reflective Stripes, Number, Roof lettering for Police Dept. PO# 78189 iPay from Vehicle Service Fumd...501-193-5-688-00 44. PEROXIDATION SYSTEMS INC. iPeroxide for Odor Control Life Stations PO# 79423 ~Pay from Water & Sewer Rev. Fund...401-352-5-365-00 45. iPOST, BUCKLEY, SCHLrff & JERNIGAN, INC. ,Professional Services - 3MG Tank & Booster Station Pay from Utility General Fund...403-000-0-690-10 46.!RANGER CONSTRUCTION INDUSTRIES, INC. Landfill Closure - Partial Payment Request No. 3 .Pay from Sanitation Fund...431-341-5-962-00 47. ! DON REID FORD 3 Ford Aerostar Passenger Vans PO# 78399 State Contract # 070-001-89-1 Pay from Vehicle Service Fund...501-000-1-471--30 " " " ...501-193-5-688-00 48.iDON REID FORD Ford Aerostar Extended Van PO# 77930 ~State Contract # 070-001-89-1 Pay from Vehicle Service Fund...501-193-5-688-00 49.!SAFETY EQUIPMENT COMPANY Headsets w/ adapters PO # 78739 IPay from General Fund...001-221-5-690-05 50.iSAN BERNARDINO COUNTY PERSONNEL iAnnual fee for Western Region Item Bank(exam questions) 'Pay from General Fund...001-135-5-395-00 4,950.00 2,437.90 2,350.00 29,068.65 9,182.15 127,051.20 37,728.00 12,826.00 1,624.00 1,500.00 JUN B 198~ APPROVAL SIR SPEEDY PRINTING Printing of the Proposed Comprehensive Plan for Trans- mittal to the dept. of Conununity Affairs Pay from General Fund...001-151-5-472-00 52. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT Req. # 8 Invoice # 88/89 282 Toxicity Legislation Pay from Utility General Fund...403-000-0-691-20 53. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT Req. # 5 Invoice # 88/89 288 General Consulting Services/pretreatment program Pay from Utility General Fund...403-000-0-691-20 54.1SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT Req. # 3 Invoice # 88/89 287 Services rendered in connection with Master Plan/Biomonitoring Study Pay from Utility General Fund...403-000-0-691-20 55. STATE OF FLORIDA UNEMPLOYMENT COMPENSATION FUND Unemployment benefits quarter ending 3/31/89 Pay from Various Funds 56.¸ R.J. SULLIVAN CORP. Application #6 - 3MG Storage Tank & Booster Station Pay from Utility General Fund...403-000-0-690-10 57. UNIVERSITY OF FLORIDA Probable effect of salinity in concentrate on turfgrass production. Pay from Utility General Fund...403-000-0-690-10 58. WALLACE & TIERNAN Lime Slaker System Series A-758 PO# 7699947 Con~nission Approved November 1, 1988 Pay from Utility General Fund...403-332-5-642-00 59. WALLACE & TIERNAN Micro/2000 residual analyzer PO# 76805 Cormnission Approved January 19, 1988 Pay from Utility General Fund...403-332-5-642-00 60. WALLACE ROBERTS & TODD Invoice # 3-881310 RE: Congress Avenue Community Center Pay from Public Service Tax Fund...301-721-5-648-00 2,806.32 1,246.86 1,550.47 20,860.15 1,171.05 388,809.21 5,000.00 37,146.00 6,499.00 34,265.00 COMMISSION JUN 6 1989 APPROVAL 61. WEEKLY ASPHALT PAVING INC. Resurfacing & leveling course of West Ocean Utility Project PO# 76897 Commission Approved November t, 1988 Pay from Water & Sewer Rev. Fund...401-351--5-430-06 12,547.65 The bills described have been approved and verified by the department heads involved, checked and approved for payment. Gra ector I therefore recommend payment of these bills. · Cheney, City:M.amger COMML S uN JUN 6 19,~ FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS COUNTY NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMrlTEE THE BOARD. COUNCIL. COMMISSION, AUTHORITY. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ~ CITY i 3 COUNTY ~ I OTHER LOCAt, AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION 15: ~ ELECTIVE [~ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest, under Sectiou 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged.to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. , INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3t43, FLORIDA STATUTES I ',CTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures'to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature 'of your interest in the measure on which you are abstaining from voting; and WITH1N 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes, APPOINTED OFFICERS: A person holding appointive county, mumcipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH T~.uE VOTE :WILL BE TAKEN: * u should complete and file this form (before making any attempt to influence the decision) with the person responsible for -...~,ording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agenc3: · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the na[ure of your conflict in the measure before participating. · You should complete the form and file it w th n 15 days after the vote occurs with the person responsible for recording the mir,~'~s of the meeting, who should incorporate the form m the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST i, t~Obe~-t' O/¢~ "k.~ ~7'r'. , hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: · by whom lam retained. A payment made to Motorola, Inc. my employer, was included for approval in CONSENT AGENDA, Item P. Although I have no direct renumeration from the payment to Motorola, this item is now being placed as public record to ensure no conflict of voting occurred Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §t12.317 (1985), A FAILURE TO MAKE ANY REQUIk-~D DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHIVIEN'I-. REMOVAL OR SUSPENSION FROM OFF[CE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.